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HomeMy WebLinkAbout10-03-12-PC Chair Clayton Larson 1245 W. Highway 96 Commissioners Arden Hills, MN 55112 Angela Harries A �R EN HILLS 651.792.7800 Andrew Holewa � www.ci.arden-hills.mmus Samuel Scott Arden Hills Roberta Thompson Clayton Zimmerman Planning Commission Janet Stodola (Alternate) Meeting October 3, 2012 City Vision A strong community that values our unique environment, our fiscal soundness, and our tradition as a desirable city in which to live, work, and play. Agenda Regular Planning Commission Convenes 6:30 PM Call to Order— Role Call 1. APPROVAL OF THE AGENDA 2. Approval of Minutes A. September 5, 2012, Regular Meeting 3. Planning Cases A. Planning Case 12-015- Zoning Code Amendment and CUP; Bartley Blume, Bent Brewstillery; 1260 Red Fox Road—Public Hearing B. Planning Case 12-016 Site Plan Review— Fence Standard Adjustment; Matthew Trites; 1850 Indian Place—Not a Public Hearing 4. COMMENTS AND REPORTS A. Report from the City Council B. Planning Commission Comments C. Staff'Comments' 5. ADJOURNMENT A quorum of the City Council may be present at this meeting. Planning Cases are available online at: http://Www.ci.arden-hills.mn.us/planningcases �--ARZEEN,HILLS MEMORANDUM DATE: October 3, 2012 PC Agenda Item 3.A TO: Planning Commission FROM: Meagan Beekman, City Planner SUBJECT: Planning Case#12-015 -This application requires a PUBLIC HEARING Applicant: Bartley Blum Property Location: 1160 Red Fox Road Request: Zoning Code Amendment and Conditional Use Permit Requested Action Consider approval of Planning Case 12-015 including a conditional use permit (CUP) for Bent Brewstillery for a micro brewery and micro distillery at 1160 Red Fox Road, as well as, amendments to Sections 1305.04 and 1320.05 of the Zoning Code to allow for the inclusion of microbreweries, microdistilleries and brewpubs as land uses as presented in the October 3, 20125 report to the Planning Commission. Background 1. Overview of Request: The City has received a proposal from Bent Brewstillery (Attachment A) to obtain a CUP to open a brewery and distillery in a 2,500 square foot bay in the B-4 Zoning District at 1160 Red Fox Road. Bent Brewstillery would like to include a taproom for the consumption of on- sale beer brewed on site, as well as off-sale sales of growlers and 750 ml. bottles. This application includes three distinct requests: 1. Zoning Code Amendment to create three new land uses; micro brewery, micro distillery, and brewpub; and allow the new uses in the B-4 District as Conditional Uses. 2. City Code Amendment to create two new liquor licenses for on and off-sale sales of microbrews brewed on site in a micro brewery City of Arden Hills Planning Commission Meeting for October 3, 2012 P:IPlanning0anning Cases12012112-015-Zoning Code Amendment-Brewery Taproom Licensel 10-03-12- PC Memo-Breivery Taproom Discussion Page 1 of 6 3. Approval of a Conditional Use Permit to allow a micro brewery and micro distillery with taproom at 1160 Red Fox Road. 2. Legal Background In 2011, the State Legislature amended State Law to allow taprooms in microbreweries in Minnesota. This bill was commonly referred to as the "Surly Bill", and was first proposed by the owner of Surly Brewery. The law allows microbreweries that produce fewer than 250,000 barrels of beer a year to have a taproom where they can sell beer for on site consumption which is brewed on site. The law also allows sampling of beer which is produced on site. State law also allows microbreweries which produce fewer than 3,500 barrels of beer a year to provide off-sale sales of 64 ounce "Growlers" and 750 milliliter bottles; however, off-sale sales of beer by the bottle, case, or keg is not permitted by State law. The sale of on and off sale products brewed on site is allowed for microbreweries but not micro distilleries (manufacturers of spirits). Distilleries are allowed by State Statute, but cannot provide on-sale, off-sale, sales of their products at the location in which the spirits are produced. The spirits must be distributed to another site for on and off sale sales. Municipal ordinances may be more restrictive than State law in terms of the sale of alcohol. At the August 20, 2012 City Council work session, Staff were directed to research amending the zoning code to allow microbreweries and micro distilleries as conditional uses to the maximum extent allowable under state law. These recommendations were brought to the September 5, 2012 planning commission work session where it was recommended to staff that brewpubs also be included as a new, and separate, land use from micro breweries and micro distilleries. Brewpubs are microbreweries that have a restaurant component with on- sale sales of products brewed on site. Brewpubs also provide food and can also serve alcoholic products other than those brewed on site. The Planning Commission also discussed allowed prepackaged food to be served on site within a taproom, as opposed to food that is prepared on site. The distinction is important because establishments that have food prepared on site would be considered brewpubs rather than taprooms, and have different legal requirements within State Statute. Staff has prepared draft amendments (Attachment B) to the zoning code that reflect these recommendations. Currently,Arden Hills' Zoning Code allows breweries and distilleries, as well as distributors of alcohol, in zoning districts that allow manufacturing and processing. City of Arden Hills Planning Commission Meeting for October 3, 2012 P:IPlanning0anning Cases12012112-015-Zoning Code Amendment-Brewery Taproom License) 10-03-12- PC Memo-Brewery Taproom Discussion Page 2 of 6 Since amendments to State Statute in 2011, microbreweries with taprooms have become more common in the metro area. Currently, New Ulm, Stillwater, St. Louis Park, Excelsior, Lino Lakes and Roseville allow taprooms. The draft zoning code amendments create new land uses for microbreweries, micro distilleries and brewpubs. Microbrewery and micro distillery land uses would allow the manufacture and distribution of intoxicating alcohol, as currently allowed by State Statute, in the assigned zoning districts. Microbreweries would also be permitted to have a retail component. A land use for brewpubs would also be created to differentiate microbreweries that do not have a food component and brewpubs that do have a food service component. Applications for micro breweries, micro distilleries and brewpubs would be approved through the conditional use permit process. The applicant has submitted information addressing their request for a Zoning Code Amendment and CUP (Attachment A) 3. Surrounding Area: North MB—Mixed Business 1:3-3 Service Business District j Vacant --. ...... -... ...................................................__ .....:.. _._......... South j MB—Mixed Business E B-4 Retail Center District Industrial - ---__........ ............... .__.._.._ ..... _...-.. -- - .......... - I East 1 MB—Mixed Business i B-3 Service Business District Commercial i West MB—Mixed Business B-4 Retail Center District Commercial 4. Site Data: Mixed Business _ Commercial _ B-4 Retail Center District 1.35 acres or 58,806 square feet(2,500 for the micro brewery/distillery) Relatively Flat Plan Evaluation 1. Zoning Regulations The B-4 district allows manufacturing and processing as an accessory use, while retail sales and service is a permitted use. The applicant's proposal calls for both retail sales a service by way of the taproom, and the manufacturing and processing of the beer and spirits. Because the manufacturing and processing component is such a large aspect of the business, it would not be considered accessory and would currently not be allowed by the Zoning Code. City of Arden Hills Planning Commission Meeting for October 3, 2012 P:OanningWlanning Cases12012W-015-Zoning Code Amendment-Brewery Taproom License) 10-03-12- PC Memo-Brewery Taproom Discussion Page 3 of 6 Rather than make adjustments to the existing land uses within the Code, Staff is recommending creating three new land uses that would then be added to appropriate districts throughout the City. The new land uses would be micro-breweries, micro distilleries, and brew pubs. In addition to the B-4 District, the Planning Commission and City Council indicated in their work sessions that additional Zoning Districts should be considered for allowing micro breweries and brewpubs. Staff is recommending that micro breweries and micro distilleries be allowed as Conditional Uses in the B-2, B-3, B-4, GB, I-FLEX and MB zoning districts. Staff is also recommending that brewpubs be allowed as Conditional Uses in the B-2, B-3, 13- 4 and MB zoning districts. 2. Conditional Use Permit Evaluation Criteria—Section 1355.04 Subd 3 The following CUP criteria would apply to micro breweries, micro distilleries in the B-4 District: Section 1355.04 Subd 3 of the Arden Hills Zoning Code lists the criteria for evaluating a Conditional Use Permit Amendment. The Planning Commission and City Council should consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land, in particular, and the community as a whole, in general, including but not limited to the following factors: 1 Existing and anticipated traffic and parking conditions; 2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; 3. Drainage; 4. Population density; 5. Visual and land use compatibility with uses and structures on surrounding land; adjoining land values; 6. Park dedications where applicable; and the 7. Orderly development of the neighborhood and the City within the general purpose and intent of this ordinance and the Comprehensive Development Plan for the City. Staff has been in contact with other cities that currently have micro breweries. Staff at St. Louis Park stated that they have had micro breweries in their city for many years and have never had an issue with odor. As a result they did not choose to regulate odor emissions more rigidly than the State already does. City of Arden Hills Planning Commission Meeting for October 3, 2012 P:WlanningWlanning Cases12012112-015-Zoning Code Amendment-Brewery Taproom Licensel 10-03-12- PC Memo-Brewery Taproom Discussion Page 4 of 6 Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. The following findings assume that the Zoning Code is amended to allow micro breweries and micro distilleries as Conditional Uses in the B-4 District. Staff offers the following findings for consideration: Conditional Use Permit Evaluation Findings: 1. The applicant has shared parking agreements with the property to the south which will mitigate any parking impacts. 2. The proposal will have minimal impacts on noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid and solid waste. 3. The proposal is not anticipated to have an impact on odors because the State regulates odor emissions and other micro breweries have not adversely affected communities that they are located in. 4. The proposal will not affect drainage on the property. 5. The proposal will not affect the population density on the property. 6. The proposal would not be incompatible with the other buildings in the B-4 Zone. 7. The proposal is unlikely to significantly affect land values on the subject property or on neighboring properties. 8. The park dedication requirement does not apply in this application. Notice Notice was published in the Arden Hills/Shoreview Bulletin and notice was prepared by the City and mailed to residents within five hundred(500) feet of the subject property. Resident Comments Staff has not received any letters, e-mails, or telephone calls from property owners or occupants in regard to this planning case. Staff Recommendation Based on the submitted plans and findings of fact, Staff recommends approval of Planning Case #12-015 for a Zoning Code Amendment and Conditional Use Permit at 1160 Red Fox Road. Staff recommends the following three conditions be included with the approval: 1. The applicant shall abide by all state laws regarding the manufacturing, distribution and sale of alcohol. City of Arden Hills Planning Commission Meeting for October 3, 2012 P:IPlanninglPlanning CaseA2012112-015-Zoning Code Amendment-Brewery Taproom License 1 10-03-12- PC Memo-Brewery Taproom Discussion Page 5 of 6 2. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. 3. Nuisance odors shall be kept in compliance with State Law. Options 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case #12-015 for a Zoning Code Amendment and Conditional Use Permit at 1160 Red Fox Road based on the findings of fact and the submitted plans as amended by the three conditions in the October 3, 2012, report to the Planning Commission, 2. Recommend Approval as Submitted: Motion to recommend approval of Planning Case#12- 015 for a Zoning Code Amendment and Conditional Use Permit at 1160 Red Fox Road based on the findings of fact and the submitted plans in the May 9, 2012, report to the Planning Commission. 3. Recommend Denial: Motion to recommend denial of Planning Case#12-015 for a Zoning Code Amendment and Conditional Use Permit at 1160 Red Fox Road based on the following findings of fact: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case#12-015 for a Zoning Code Amendment and Conditional Use Permit at 1160 Red Fox Road in order to gather the following information: a specific reason and/or information request should be included with a motion to table. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on September 11, 2012. Pursuant to Minnesota State Statue, the City must act on this request by November 11, 2012 (60 days), unless the city provides the petitioner with written reasons for and additional 60 day review period. The City may, with the consent of the applicant, extend the review period beyond the initial 120 days. Attachments A—Bent Brewstillery Executive Summary B —Proposed Sections 1305.04 and 1320.05 —Black-lined Version City of Arden Hills Planning Commission Meeting for October 3, 2012 P:IPZanning0anning Cases12012V 2-015-Zoning Code Amendment-Breivery Taproom License) 10-03-12- PC Memo-Breivery Taproom Discussion Page 6 of 6 Attachment Bent Brewstillery Executive Summary -AVN HILLS October 3, 2012, Planning Commission Meeting For Office,Use Only ovs- -AkDE 7 HILLS Planning Case No. 12- 1(�J��1V� Submittal Date 1245 West Highway 96 Application Completed Date Arden Hills, Minnesota 55112 Accepted by Telephone (651) 792-7800 Receipt Number o Fax (651) 634-5137 Council Decision www.ci.arden-hills.mn.Us Council Decision Date 2012 LAND USE APPLICATION Applicant Information Applicant: Bartley Blume (Bent Brewstillery) Address: 3287 Owasso Hgts Rd, Shoreview, MN 55126 Telephone No.: 6 51-2 3 3-3 8 4 3 Other: Fax No.: 651-305-1826 Email Address: Bart ley@131umeBrauhaus .com Property Information Property Owner: Roberts Management Group Owner Address: 1851 Buerkle Rd, White Bear Lake, MN 55110 Owner Telephone No. 651-770--9122 Other: Address of Property Involved: 1168 Red Fox Rd, Arden Hills, MN 55112 Legal Description: p amna-c tQ Property ID No.: Type of Use: Zone: B-4 Retail Center District Property Acreage: Type of Request ❑ Planned Unit Development Amendment($600; $300 if ❑ Comprehensive Plan Amendment($850+$1,000 no Site Plan Review is required +$2,000 escrow) escrow) ❑ Site Plan Review($300+$600 escrow) Conditio terim Use Permit or Amendment ❑ Rezoning ($600+$1,000 escrow) {$ 300 no Site Plan Review is required Zoning or City Code Amendmen $6Q0 $1,000 + 0 e row) 'escrow) ❑ Pre' nary Plat($600+$25 per lot+ $1,500 ❑ Minor Subdivision(lot split/consolidation)($450+ escrow) $1,000 escrow) ❑ Final Plat($500+$25 per lot) ❑ Variance (Zoning Code)($300+ $600 escrow) ❑ Concept Planned Unit Development($300) ❑ Vacation of Easement or Right-of-Way($400+$600 ❑ Master Planned Unit Development($600 +$2 escrow) ,000 escrow) ❑ Appeal of Administrative Decision ($100) ❑ Final Planned Unit Development($300.00+ $600 ❑ Land Use Requests—Not Already Specified ($200) escrow) Revised: 12-08-1 l Page 1 of 3 Brief Description of Request lease also include a typed, detailed letter explaining explai6irig the project): A Zoning Code Amendment to allow microbreweries and micro distill- ery as conditionally permitted uses in the B-4 District . A City Code Amendment to add a taproom on-sale liquor license. A City Code Amendment to add a microbrewer off-sale liquor license. A Conditional Use Permit (CUP) to oj2erate your microbrewery and micro distillery at 1160 Red Fox Road. *IMPORTANT* • Certain applications are subject to review and approval by the Rice Creek Watershed District. `' Contact RCWD directly at 763-398-3070 for additional information. • The land use application fees do not cover building, sign, or other permit fees that may be required upon approval of a land use application. 4 • All applications will be subject to additional fees for reimbursement of consultant costs { associated with filing, reviewing, and processing of application in the form of an escrow to the City. .:.:..:..:....... Filing & Information Requirements The City requests that you make a pre-application meeting with the City Planner to discuss the application process, requirements, and deadlines. Unless waived by the City Planner or Planning Commission, a certified survey of the property is required for all applications. The Planning Commission and/or City Council may still require a certified survey. A checklist for other required information is also available. Completelincomelete APplications An incomplete application will delay the processing of land use requests. The application approval time commences and an application is considered officially filed when the City Planner has received and examined the application and determined that the application is complete. A decision on whether the application is complete or incomplete shall be made within fifteen (15) working days following the submittal of the application. When the application is deemed to be"complete" it shall be placed on the agenda of the first possible Planning Commission meeting provided that all required public notices have been sent and published. Payment of Fees The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required information and fees (including all deposits) must be paid to the City. If additional fees are required to cover costs incurred by the City, the City Planner has the right to require additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost of printing, mailing, and supplies. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all miscellaneous fees have been paid. Applicants are advised that an escrow deposit is required at the time of the submittal of the land use application to offset costs associated with the proposed project. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. Notice of Meeting Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. Revised: 12-08-11 Page 2 of 3 Agenda Deadline and Meeting Schedule The deadline for submittal of land use applications is required according to the schedule outlined below. There are no exceptions. Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1246 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. Applicants are advised that additional meetings and/or workshops are scheduled when necessary upon approval of the Planning Commission. 2012 SCHEDULE (*subject to change) TENTATIVE TENTATIVE PLANNING CITY COUNCIL APPLICATION COMMISSION MEETING DEADLINE MEETING DATE* DATE* DATE* (Generally held on the (Generally held on the first Wednesday after the first last Monday at 7:00 p.m.) Monday at 6:30 .m. : December:.5'(201.1) ;:Janua .. :4 :.Janua 30.: January 9 February 8 Februa 27 February ti: March 7::: ::::::: March 26 March 5 Aril 4 Aril 30 April 2 :;':..:. : may 9 :. Ma .29 May 7 June 6 June 25 June 4 Jul 11 ;lul 230 . July 2 August 8 August 27 August:6 Se tember5;,,:, :Se tember24 September 10 October 3 October 29 October.l ::::::::.::.. . November 7::: : .:: ° .:..:November 26 November 5 December 5 December 26 December 3 January 9 2013 January 2$ 2012 Acknowledgement and Signature i acknowledge that I have read all of the information listed in the City of Arden Hills Land Use Application and fully understand that I am responsible for all costs incurred by the City related to the processing of this application. Property Owner Signature (Required) Date Applican nature#Kifferent than the property owner) Da Please contact the City Planner at(651)792-7800 if you have any questions regarding this application. Additional copies of this application four are available on the City's website:httrxl/www.ci.arden-hllls.mn.cis Revised: 12-08-11 Page 3 of 3 Address: It 60 Red Fox Road y` New Brighton, MN 55112 z4 PID: 27.30.23.41,0014 Legal: Ex W 360 4/10 Ft And Ex E 525 6110 Ft And Ex S 1145 Ft Part Of E 1/2 Of Se 1/4 Lying N Of A L Run W At Ra From Pt On E L Of And 13221/10 Ft S From Ne Cor Of E 1/2 Of Se 1/4 Subj To Rd In See 27 Tn 30 Ru 23 rg!10 ft sRE �nE� August 24, 2012 $ L 4 Dear Planning Commission: I have started a company called Bent Brewstillery. The company will produce beer, bourbon and spirits. The main company goal is to create a complimentary and mutually supportive business in Arden Hills that will become a "must-see" destination listing with the MN Board of Tourism. Bent Brewstillery will start with a very small operation. The staff will consist of the owner, a bookkeeper/accountant, and an assistant brewer. The Brewstillery will be equal parts production and retail. The reason for the space and location is retail. Retail can only include products produced on the premises. The large retail space and tap room will serve the following purposes: 1. Sell beer growlers (64-oz bottles)and bombers (22-oz bottles)for off-premise consumption as allowed by Minnesota law, 2. Sell pints for on-premise consumption in accordance with the Minnesota Pint Law, 3. Sell spirits for on-premise consumption (when legal) in accordance with Minnesota Law, 4. Sell company swag, 5. Provide free beer (and bourbon when legal) samples, 6. Start and end point for Brewstillery tours, 7. Serve as a gathering spot to discuss beer, bourbon, and other poignant topics of the day This retail space will flow directly into the production area of the brewery and distillery. This will bring all visitors into the production side of the company giving them a sense of insertion into the process. The overriding idea and concept is to create a "destination" not a production facility. A destination that is more than just a location but an experience to be shared (and repeated). We are finalizing a lease with Roberts Development Co for 1160 Red Fox Road. This location is great for being noticed and will provide "drive-by" marketing in that all cars passing on nearby Lexington Ave and Interstate 694 will have easy access to the building. Since retail and tours is the goal, this location is perfect for access and exposure. It will create another "draw" to the surrounding businesses and be complimentary and mutually supportive. To do this, I request the following: • A Zoning Code Amendment to allow microbreweries and micro distilleries as conditionally permitted uses in the B-4 District. • A City Code Amendment to add a taproom on-sale liquor license • A City Code Amendment to add a microbrewery off-sale liquor license • A Conditional Use Permit (CUP) to operate your microbrewery and micro distillery at 1160 Red Fox Road. The zoning amendment is necessary for me to achieve my goal. My main goal is to do retail; a brewer or distiller cannot retail anything that is not produced on the premises. Retail in an industrial area doesn't work as well as in a retail area. This area represents my best chance of success. The tap room license restricts issuance to brewers and only allows the consumption of product produced on the premises. It is a very specific license which is why so many communities are "waiving" the food requirement. This is in the public interest because of the potential economic growth. The Brewers Association recently released strong mid-year numbers for America's small and independent craft brewers. Dollar sales were up 14 percent in the first half of 2012, while volume of craft brewed beer sold jumped 12 percent during that same time period. There has been more than 15 microbreweries start up in the Twin Cities in the last several years. The City of Arden Hills Comprehensive Plan states a goal of"Economic Development and Redevelopment— Promote the development, redevelopment, and maintenance of a viable, innovative, and diverse business environment serving Arden Hills and the metropolitan area." This proposed Brewstillery meets all of those criteria with the added benefit of being unique. There are no other brewstilleries in the state of Minnesota. Hours of operation of the tap room will coincide with the restrictions of any business with an off-sale license. With these restrictions is mind, Bent Brewstillery tap room hours will be as follows: 4pm - 10pm Thursday and Friday 3pm — 10pm Saturday The building has approximately 65 parking spaces associated with the 6 separate "bays". There are approximately 54 additional parking spaces between this building and the next. There is a memorandum of understanding for the shared use of these additional spaces. The tap room hours of operation only slightly overlap the nearby businesses' hours of operation, therefore, the available parking will be more than adequate for the expected daily visitations. Public capacity of the tap room will be 50-70, with an average hourly rate of 10 people at any give time. The impact on existing traffic is expected to be marginal to medium. The initial target customers will be commuters and shoppers that are already in the area to visit nearby businesses. There will be no contribution to the environmental noise. The loudest equipment will be pumps and compressors that will be no louder than an industrial air conditioner. There will be no contribution to environmental air pollution, odors, smoke, or dust. All heating in the process will be done with clean burning natural gas or with electricity. The small amount of steam generated from boiling of the products will be vented through the roof where it will quickly be dispersed. An operation at this production scale will not be a nuisance to nearby businesses. Please contact me with any questions or concerns. Sincerely, C Bartley u Bent Brewstillery BartleyCa)-BlumeBrauhaus.com 651-233-3843 ` 11 P I Y � � "Y � �i • y! . ... ... .. ... .. .. Aft wi ., r I I i I I LLJ_L L �k i i c FiEDIFIMIFIm 1 � o o � 5REM5151 ! xEl as [ME Mm as o G000 I o $ 000 000 (It Q � I i U U CC U o rn a� wJ ~ O O I F--a o d ! Cd .-- W M � o I cci p � w • �4 0 � •cv w N .............................y -..-..._. R cn Qn J Y II O cn F 000 1 o 000 000 0 0 x rx � � o °q o E-4 _ Li w N w " o°n.o A. W � O F'1'" O Lam. p�q � GG PO 1 � ~ O O � N j x eACd N O i bDcn cri i -- Pr cd �� O W � F C iv WWM v W M O p . A A".# A A A A A W W W W W W W r w W w N N N CD(D V �} i7�- A WIN -+ O co OD V O Ln A W N i I O O w V W tr A W CD W uA OD m •j••j• ZN N m QE �Smp N m �! E. m 0 0 (� -i D [17 (p C] �1' "'f (3 U! 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W C N L W M } A m ;a Z LJ C .� m MT W N N � w� OD mm - W� - --------- ---------------- -------- -------------------- m oo s m r A m o O � A c W 6 LJ _ I A N ID IN IV oC C cr m r I N l W N=% C D) J r A rf7t R u - V L FD om AD rn .a 0 m co �N O N N N C W� N m A N LI1 N O) L V c N W LO O W � �. - - , . • - __ we LL N W N W"' Attachment Proposed Sections 1305 .04 and 1320.05 - Black-lined Version -A DEN HILLS October 3, 2012, Planning Commission Meeting City of Arden Hills Chapter 13 Zoning Code Section 1305 - Definitions 1305.04 Definitions Subd. 117 Microbrewery. A facility that manufactures and distributes intoxicating malt liquor or wine in total quantity not to exceed 250,000 barrels a year. A microbrewery may have space dedicated as a taproom to distribute on-sale and off- sale alcohol in compliance with MN state statute 340A.301, subd. 6b. Subd. 118 Microdistillery. A facility that manufactures and distributes premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year. Subd. 119 Brewpub. A restaurant that also has a facility that manufactures and distributes intoxicating malt liquor or wine in total quantity not to exceed 250,000 barrels a year on the premises. Section 1320—District Provisions 1320.05 Land Use Chart. r�n ©a L72 1Cr(3E]r %`' C C C C C C --_-- ----_----- -_--- 11icr C C C C C C B� C ... Section 1320—District Provisions DRAFT—Last Revised: 08-29-12 �-ARQEN HILLS MEMORANDUM DATE: October 3, 2012 PC Agenda Item lB TO: Planning Commission FROM: Meagan Beekman, City Planner SUBJECT: Planning Case#12-016—This Request Does Not Require a Public Hearing Applicant: Paul and Matt Trites Property Location: 1850 Indian Place Request: Site Plan Review Requested Action The applicants are requesting a site plan review to construct a six (6) foot fence within the 40 foot front yard setback on the property located at 1850 Indian Place. The proposed fence would end 12 feet from the front property line on both side lot lines. Background 1. Overview of Request The applicants own the residential property located at 1850 Indian Place. The applicants are proposing to construct 56 lineal feet of 6-foot high fence. The fence would be located along the side lot property line with 28 lineal feet on either side of the front yard. The Zoning Code - - -- - -permits-three (3)foot high fencing-within-the-front yard setback without commission and - - -- council review. The applicant has submitted a letter addressing the reasoning for the application, a plat map of the property, a sketch of the location of the fence, and photographs of the site (Attachments A, B, C and D). Staff has also provided an aerial photograph of the site (Attachment E). There are no known variance requests on file for this property. City of Arden Hills Planning Commission Meeting for October 3, 2012 P:IPlanninglPlanning Cases12012U2-016-1850Indian Way110-03-12-PC Report.docx Page 1 of 5 2. Site Data Low Density Residential zlki xistng Single Family Detached Residential R-2: Single and Two-Family Residential District sty Size ; .59 Acres Level 3. Surrounding Area VP ill1 iaV MEMO North Low Density Residential R-2: Single and Two-Family Single Family Detached Residential District Residential South Low Density Residential R-2: Single and Two-Family Single Family Detached Residential District Residential East Low Density Residential R-2: Single and Two-Family Single Family Detached Residential District Residential West Low Density Residential R-2: Single and Two-Family Single Family Detached Residential District Residential Plan Evaluation The lot is irregular in shape. Staff has determined the lot line that fronts the cul-de-sac to be the front yard and the north and west lot lines to be the side yards. In addition to this planning case, the applicants have been issued two separate fence permit applications for 600 feet of six (6) foot high fencing throughout the side and rear yards, which met all requirements of the Zoning Code. The applicants are seeking to extend the approved fence another 28 feet on both side yards; however, this additional fencing will extend into the 40-foot required front yard setback for 6- foot tall fences. Site Plan Review Evaluation Criteria The Zoning Code allows for a property owner to construct a fence that deviates from what the code allows in exceptional and unusual circumstances, if approved through a Site Plan Review. 1325.05 Subd. 4 D.7 states that the "objective of this provision is to improve..." • Livability • Appearance • Security City of Arden Hills Planning Commission Meeting for October 3, 2012 P:W lanningWlanning Cases12012112-016-1850 Indian Way110-03-12-PC Report.docx Page 2 of 5 Findings of Fact Staff offers the following nine findings of fact for review: 1. The height of the fence exceeds the maximum allowable height in the front yard structural setback. 2. A three foot fence is allowed in the proposed location without a site plan review process. 3. The proposed fence will not damage the abutting property. 4. The finished side of the fence will face the adjoining property. 5. The proposal does not improve the livability of the property. 6. The proposal does not improve the appearance of the property, as the proposed fence location is not consistent with other properties in the area. 7. The proposal does not improve the security of the property, as a three-foot fence would effectively provide security for the property. 8. There is a documented history of conflict between the applicant and the adjoining property owners. 9. The proposal will not alleviate the conflict amongst the property owners as there are other remedies available outside of erecting a 6-foot fence in the front yard. Staff Analysis The findings of fact for this Site Plan Review support a recommendation for denial. If the Planning Commission wishes to make a recommendation for approval,the findings of fact must be amended to reflect the reasons for the approval. If the Planning Commission recommends approval of this site plan review, Staff recommends the following three conditions: 1. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. 2. The height of the fence panels shall not exceed six feet, and shall be placed as close to grade as is practical. 3. The fence shall conform to all other regulations in the City Code. Options The findings in this report support denial of the site plan review. If the Planning Commission wishes to recommend approval the findings should be amended to reflect the reasons for the approval. City of Arden Hills Planning Commission Meeting for October 3, 2012 P:IPlanninglPlanning CasesQ012U2-016-1850Indian Wayl10-03-12-PC Report.docx Page 3 of 5 1. Recommend Denial: Motion to recommend denial of Planning Case 12-016 for a Site Plan Review at 1850 Indian Place based on the findings of fact in the October 3, 2012 planning case report. 2. Recommend Approval with Conditions: Motion to recommend pproval of Planning Case 12-016 for a Site Plan Review at 1850 Indian Place based on the submitted plans,the three conditions in the October 3, 2012 planning case report and the following findings of fact... 3. Table: Motion to table Planning Case 12-016 for a Site Plan Review at 1850 Indian Place: a specific reason and/or information request should be included with a motion to table. Public Hearing Although a public hearing is not required for a variance or a site plan review, the Commission can allow public comments. Notice Although a site plan review does not require a public hearing, a public meeting notice was prepared by the City and mailed to properties within three-hundred fifty(350) feet of the subject property. Resident Comment The City has not received any comment from residents. Deadline for Aaency Actions The City of Arden Hills received the completed application for this request on September 12, 2012. Pursuant to Minnesota State Statute,the City must act-on this request by November 125 2012 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period. The City may with the petitioners' consent extend the review period beyond the 120 days. City of Arden Hills Planning Commission Meeting for October 3, 2012 P:IPlanninglPlanning Cases12012112-016-1850Indian Way110-03-12-PC Report.docx Page 4 of 5 Attachments A—Application and Supporting Materials B —Plat map of the neighborhood C— Sketch of the location of the fence D—Photographs E—Aerial photograph City of Arden Hills Planning Commission Meeting for October 3, 2012 P:W lanningl Planning Cases12012V 2-016-1850 Indian WayV 0-03-12-PC Report.docx Page 5 of 5 Attachment Application and Supporting Materials SIN HILLS October 3, 2012, Planning Commission Meeting Reasons for the fence on Larry's side: Problems in past Obtained variance to place house 10 feet closer to our property Keeps coming on our property trespassing trying to tell our workman what to do. His garage is 8 feet from the property line from his variance he got from the city. He continual creates verbal remarks to others right in front of us that are disparaging even though he has multiple cars on his property which are not licensed or broken down. Our goal Keep lasting peace between neighbors We are using the best and most attractive fence on the market Minimize eye soars.(Unlicensed and/or Inoperable Vehicle) Front driveways are so close together The fence will minimize loud auto motive work and act as a sound barrier His garage is 8 feet from the property line from his variance he got from the city. Reasons for Steve's side: Problems in the past Steve has come on property uninvited and will not leave Come snooping around looking in windows Creates complaints after trespassing even with post no trespassing signs Complaints generated with no basis.Creates excess work for the city employees No limits on number of complaints that these neighbors have initiated Has actually struck Mathew Trites with chest butt on our property. Legal action is pending with this incident Cont Our goals with new fence Keep lasting peace between neighbors We are using the best and most attractive fence on the market Makes Steve's back yard completely private Steve and Vy will not have to even see cars approaching from their backyard deck Stops weeds,leaves and other debris from coming across the driveway onto Steve's grass. Stop frivolous, unfounded and baseless complaints. Stops city hall from wasting time on these complaints. Keep off our property to not snoop in our vehicles or look in windows. Summary We need the additional 6 foot coverage with a minimum of 12 to 18'foot set back from street. Our neighbors have caused considerable stress, inconvenience, increased costs, increased property management time, increased costs to the city, and an overall sense of disruption to our lives that is no longer tolerable: We are asking the City of Arden Hills in the most respectful manner to approve this minimum 12 to 18 set back instead of the 40 ft to improve our security, peace of mind, and safety. If these are specific questions,facts,data that the city requests prior to this meeting please let us know. Respectfully submitted-- - -- --- - - ----- -- - - - - - — - - --- - - - -- - Paul N.Trites, M.D., property owner and resident of Arden Hills, Matthew Trites, property coordinator and resident of Arden Hills Attachment Plat Map of the Neighborhood ,AVEN HILLS October 3, 2012, Planning Commission Meeting 7 IM zIla I�G rib nw'j' eIWO- WON,, dot +* $ $ .' y� its $� w a•i . 1 5' p q { k(jla aS• sa p j�s 4 r" W i,00) sv �•.�rqq ;/ IV « 2 J ltta 8S ' to r ¢ 0 LIM ' ZOO 1� � y '`irk� 9r �. .• ,� ��dt� P v ray s ) S 7 All 771 �, ! + Attachment Sketch of the Location of the Fence -A,V__j LLS October 3, 2012, Planning Commission Meeting �. _ .✓ F, °y�,,;' � „mot --" , il 99 fEASEMENT 1 � M ONL Y 0,,6 a N OD ` IV, 909.Eov 54 65 35co 471 f CE r. CUB.=p {a. - P V, 34-9" C_ W. N07T. ` c Ert AV 75 C)7 ,ram Attachment Photographs -AVEEN HMLs October 3, 2012, Planning Commission Meeting ivy.�..uF` a �'�Y'• - Y a'i t � L ._ * _ . • I i It ; c =' C s� _ 1 {X -4 iR r �x= r J� owl 3 i N w _ w ' 4 k� ? 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Attachment Aerial Photographs �ENILLS October 3, 2012, Planning Commission Meeting g4, !,7 . f " 1r - m , DISCLAIMER:This map is neither a legally recorded map nor a survey and is not intended to be used as one.This map is a compilation of records,information and data located in various city,county,state and federal offices and other sources regarding the area shown,and is to be used for reference purposes only. SOURCES-.Ramsey County(September 4,2012),The Lawrence Group;September 4,2012 for County parcel and property records data;September 2012 for commercial and residential data;April 2009 for color aerial ,-AVEN HILLS MEMORANDUM DATE: October 3, 2012 PC Agenda Item 4.A TO: Planning Commission FROM: Meagan Beekman, City Planner SUBJECT: Report from the City Council September 24,2012 Regular Meeting The City Council vote (3-2; Tamble, Werner dissenting) to approve Ordinance 2012-007, in Planning Case 12-014, adopting Zoning regulations regarding multi-family dwelling units with an amendment (5-0) to lower the minimum amount of required parking spaces for efficiency and one bedroom units from 1.5 to I.I. The Planning Commission voted 3-3 (Hames, Holewa, and Zimmerman dissenting)to approve Planning Case 12-014. Community Cleanup Day The fall community cleanup day will be help on October 6th from 8am-3pm behind the Ramsey County Public Works Facility at 1425 Paul Kirkwold Drive at the corner of Highway 96 and Hamline Avenue. For a small fee residents may bring items for drop off and recycling. Please see the City's website for more information about the event and a pricing list for items. City of Arden Hills Planning Commission Meeting for October 3, 2012 CADocuments and Settings\matthew.horton\Local Settings\Temporary Internet Files\Content.Outlook\JOSF3X81\10-03-12-PC report-CC report.doc Page 1 of 2